SURYA KANT,J - (1.) THE petitioner, who is a life convict under Sections 302/323/149/144 IPC, was granted parole from 6.10.2005 to 4.11.2005 for carrying out the repairs of his house. Thereafter, he again applied for his temporary release on parole for the same purpose, namely, the repair of his house. His application has been turned down by the Director General of Prisons, Haryana by passing a speaking order dated 4.6.2006 (Annexure P-1) on the ground that he has already availed parole for house repair.
(2.) AGGRIEVED , the petitioner has filed the present petition in which apart from impugning the aforesaid order, he also seeks a direction to the respondents to grant him parole for house repairs. In response to the notice, written statement has been filed by the Superintendent District Jail, Jind in which the same plea as mentioned in the order (Annexure P-1) has been reiterated. On the other hand, learned counsel for the petitioner relies upon an alleged report made by the Sarpanch, Gram Panchayat, Mowana, Block Safidon, District Jind (Annexure P-2) in which it is claimed that the house of the petitioner is in bad condition. According to learned counsel for the petitioner, all the repairs could not be carried out during the period of the previous parole. After hearing learned counsel for the parties and having regard to all the attending circumstances, I am of the considered view that the genuineness of the Gram Panchayat resolution/report relied upon by the petitioner, needs to be verified by the authorities. If it is a fact that the petitioner's house was in extremely bad shape and could not be completely repaired during the period of his previous parole, there may be justification to release him on parole again for the same purpose. However, if the said ground has been taken up by the petitioner as a pretext for his temporary release, this needs to be strictly curbed. It has been noticed by this Court that invariably, the Panchayat reports are being relied upon by the prisoners.
(3.) UNFORTUNATELY , the authorities of the respondent State, while filing their reply, do not deal with such resolutions/reports, given by the Gram Panchayat as to whether the same are genuine or forged and whether the Sarpanch/Members of the Gram Panchayat have truthfully reported the factual position or not.;